Causation

Causation

1. Actus Reus

   • Guilty Act
     • Mens Rea and Actus Reus must coincide
       • Fagan 1968 - continuing act
       • Thabo Meli 1954 - transaction theory
   • 4 categories of actus mens
     • Result Crimes (there must be a result)
     • Conduct Crimes (does not need to be a result)
     • State of affairs (state of being)
     • Omission (failure to do a duty)
   • Must be voluntary (Bratty 1963)

2. Mens Rea

   • Guilty Mind
   • Intention
   • Negligence
   • Reckless

3. Transferred Malice

   • Ability to transfer malice from one individual to another individual
     • Malice must be the same offence
       • Latimer 1886 - D aimed belt blow at a man because he attacked D. Blow actually struck a woman across the face
     • Malice is non-transferrable in a different offence to which was intended
       • Pembliton 1876 - D threw a stone, intending to hit people, but stone broke a window

4. Factual Causation

   • "But for" test
     • White !910
     • But for the actions of D, would V have died or suffered the result?

5. Legal Causation

   • This is a question for the Jury
   • "De Minimus" rule
     • Kimsey 1996
     • Was D's contribution more than minimal?

6. Novius Actus Intervenienes

   • Must be unforeseeable and the overwhelming cause of result
   • 3.. Naturally Occuring Events
   • 1. Third Party
     • Smith 1959 - ruling - "Chain of causation will not be broken whilst original injury is still in operation"
     • Cheshire 1991 - ruling - "Intervening medical treatment must be so independent and so potential in causing result to exclude D's responsiblity for the act"
   • 2. Victim's Own Actions
     • Roberts 1971 - "Daftness Test" - Was the actions of V so daft that no reasonable man could be expected to foresee it?
     • Williams 1992 - ruling - "to make D guilty, V's actions had to be foreseeable and in proportion to the act"

7. Thin Skull Rule

   • D must take V as he finds him. it means that if V has something such as a physical or mental illness or particular belief which makes the injury worse, D will be liable for more serious injury
     • Blaue 1975 - V was stabbed by D and needed a blood transfusion. But refused as was a Jehavoh's Witness. She later died and D was charged with murder